El-Faqih : Jurnal Pemikiran dan Hukum Islam
Vol. 12 No. 2 (2026): EL FAQIH

Kinship Endogamy and the Purpose of Marriage: A Maqāṣid-Based Reinterpretation of Kafā'ah al-Nasab in Abū Bakr al-Dimyāṭī's Iʿānat al-Ṭālibīn

Ahmad Fikri Naufal (Sunan Giri University, Sidoarjo, Indonesia)



Article Info

Publish Date
21 Sep 2026

Abstract

This study examines the conceptual tension between kinship endogamy and the purposes of marriage in Islamic law through a close reading of kafā'ah al-nasab in Abū Bakr al-Dimyāṭī's Iʿānat al-Ṭālibīn, read alongside the wider Shāfiʿī ḥāshiyah tradition on Fatḥ al-Muʿīn (al-Malībārī, al-Bujayrimī, al-Jamal) and al-Nawawī's independent formulations. Marriage in Islamic legal thought serves religious, reproductive, ethical, and familial purposes as well as social ones; this study isolates the social dimension for analysis rather than treating it as marriage's single universal purpose. Using library research with a textual-contextual and intertextual method, the study first separates statements shared across the ḥāshiyah tradition from formulations distinctive to al-Dimyāṭī, then reads the coded material through Jasser Auda's systems approach to maqāṣid al-sharīʿah, with ḥifẓ al-nasl (preservation of lineage) as the primary maqṣad at stake. The analysis shows that al-Dimyāṭī's own text treats nasab-based kafā'ah as a waivable protective right (isqāṭ) rather than an absolute condition, and only gestures toward marriage outside the kinship circle through a caution against ḍaʿf al-shahwah; the broader claim that marriage functions to expand social relations (ittiṣāl al-qabāʾil) is better understood as the author's contemporary reconstruction than as al-Dimyāṭī's explicit doctrine. The study argues that status-based lineage endogamy should be analytically distinguished from marriage between close biological relatives, since only the latter carries documented genetic risk, and proposes reconstructing kafā'ah as a contextual principle balancing dignity, consent, compatibility, and family welfare alongside the other purposes marriage also serves.

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Journal Info

Abbrev

faqih

Publisher

Subject

Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

El-Faqih, Jurnal Pemikiran dan Hukum Islam, ISSN, 2503-314X ( Online) and 2443-3950 (Print) is a peer-reviewed journal published by the Faculty of Sharia, IAI Faqih Asyari Kediri. This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest ...